Revolutionary War Pension and Bounty Land Warrant Application File R. 3166, Parley Dustin, N.H.

SERVICE
NUMBER
Dustin, Parley
R 3166
CONTENTS

No 1-1581 Parley Dustin Holman Lawrence County N York
Rejected
Mr Ho. S. 383
May 9 57
Asst. Clerk Lawrence County Court New York

BRIEF in the case of Parley Dustin County of St Lawrence in the State of New York (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? about  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 68-9.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Enlisted vol In 1778 Aug 9 Private Gen. Capt Ladd Col P. dells  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Haverhill N H  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Tradit y Evid: Living Witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Not corrected as regulations require 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Dyer Castor Examining Clerk.

Power of attorney Delop Dustin New Hampshire or New York
Filed 2 nd Nov 8 th
F. E. Haskell Present.

POWER OF ATTORNEY
For ascertaining whether any increase or arrears of Pension are due the Widow or heirs of Revolutionary Pensioners, &c.*
STATE OF New York COUNTY OF N. Lawrence William H Wallace Belos Dustin
} to wit:
Be it known that before me
a Special County Judge of said County personally appeared Belos Dustin aged 62 years, who being duly cautioned and then sworn in due form of law, states that he is the son of Parley Dustin of Stockholm in said State who was a Revolutionary soldier in the State of New Hampshire and that he died on the 24th day of February 1836. and that his mother, named Abigail Dustin died on the 16th day of January 1840. and that they were married on the 1st day of January in the year 1788 and that they were residents of Stockholm in the State of New York and that they resided there twenty one years, and that this deponent resides in Stockholm in said County and that furthermore Deponent BY THESE PRESENTS constitutes, appoints, and fully empowers and authorizes, irrevocably and with powers of substitution, F. E. HASSAM, of Washington city, D. C., as his true and lawful Attorney for him and in his name and stead, to examine into, to prosecute, to demand, and to receive from the U. S. Government and State officers his rights in all and in any manner of claim for increase or arrears of Pension or Land, that may be due him as heir of the said Parley Dustin who died leaving the same undrawn, as in right of law he may be entitled.
In witness whereof, Deponent has on this 14th day of September 1852, hereunto signed his name, and affixed his seal.
Witness: William H Wallace Witness: D. Livingston
Signed, sealed, acknowledged, and sworn to before me; and I further certify, that the said Belos Dustin has always by the community been known as the son of the said Parley Dustin
Dated on this 14th day of September 1852.
William H Wallace Special County Judge N. Lawrence County
State of New York COUNTY of N. Lawrence
} to wit:
I hereby certify, That
William H Wallace
Esq.,
before whom the foregoing affidavits and acknowledgment were made, and who has thereunto subscribed his name, was at the time of so doing, a Special County Judge in and for the County aforesaid, duly commissioned and sworn, and that his signature above written is genuine.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Special County Court , this fifteenth day of September one thousand eight hundred and fifty two
George S. Winslow Clerk.
* If a Widow applies, state "the date of marriage, and date of death of her husband." † State under what act pensioned, or when pension commenced, if a pensioner—and amount of pension.

State of New York } Lawrence County } ss.
Declaration in order to obtain the benefit of the act of bounties passed June 7 th 1832.
On this twenty fourth day of September in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the Judges of the Court of Common Pleas in and for said County, now sitting, Parley Dustin, a resident of Stockholm in said County of St. Lawrence and State of New York, aged 69 years, the 26 th of last August, as he believes, who being first duly sworn according to law, doth on his oath, make the following oath with declaration, in order to obtain the benefit of the act of bounties passed June 7 th 1832. That he entered the service of the United States under the following named officers, and served as herein stated. That he enlisted at Haverhill, in the state of New Hampshire, where he then resided, in August 1778 for nine months, as a volunteer in Capt. Ezekiel Ladd's Company, and was during his service with the army promoted to the rank of sergeant major in Col. Dymally's Brigade Regiment in Genl. Jacob Bailey's Brigade. That he was engaged in a slaughter house at Haverhill by the orders of his Captain till sometime in December, when he went out a few miles from the Barracks to prevent the inhabitants from carrying provisions to distant markets. He afterwards returned to the Barracks and was engaged most of the

time afterwards in protecting Canadian Indians, who had surrendered to the American Government on condition of being protected. Supported for a certain time. He was dismissed at the Barracks in Haverhill in May 1779. He believes Col. Bedel's state Regt. belonged to the New Hampshire Troops. There were no Continental Regiments stationed near there, but Genl. Nadeau's Brigade was in the upper part of the town some part of the time. He further says he has no documentary evidence of his service, and he thinks he did not march out of the town of Haverhill during his period of enlistment. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state. He has no better evidence of his service than that of the affidavits of Avery Saunders and Green Saunders hereto annexed.
He further says that he was born in the year 1763 the 26 th day of August, at Swansrey, New Hampshire. That since his service as aforesaid he has lived at several different places, but principally in Washington county, N.H. till 17 years ago when he moved to Stockholm of present and has lived there ever since. He is acquainted with John M. Neil in the vicinity where he resides who can testify as to his character.

for veracity. Subscribed & sworn the day - year aforesaid J. (C. M. Clark)
Parley Dustin
We John McNeill of Stockholm and Amos Bicknell of said Stockholm in the said county of S. Lawrence
hereby certify that we are well acquainted with Parley Dustin, who has subscribed and sworn to the above declaration, that we believe him to be 1802 69 years of age; that he is respected and believed in the neigh- borhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
Sworn and subscribed } John M c Neill. the day and year aforesaid } (Amos) Bicknell J. (C. M. Clark)
And the said court do hereby declare their opinion, after the investigation of the matter, and after putting the interroga- tories prescribed by the War Department that the above named applicant was a revolutionary soldier, and served as he states. And the court further certify that it appears to them that John McNeill and Amos Bicknell, who signed the preceding certificate reside in Stockholm aforesaid, and are credible per- sons and that their statement is entitled to credit.
more of one

I Alvin G. Shaw, clerk of the Court of Common Pleas in and for the County of St. Lawrence, aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Parley Dustin for a pension.
and I do further certify that Stephen Clark, before whom the affidavit of Green Sanders hereto annexed, appears to have been taken & subscribed, was at the time said affidavit purports to have been taken, a justice of the peace of said County of St. Lawrence and that his signatures to the said affidavit and certificate which follow are his proper handwriting.
In testimony whereof I have hereunto set my hand and seal of office this twenty fourth day of September in the year of our Lord one thousand eight hundred and thirty two.
A. C. Shaw clerk.

Acts of July 14, 1862, and March 3, 1873.
3166 P. O.
Parley R. Austin
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract.
Cert. of Dis. Searched for _____, 19 .

New York Revol
Parley Dusten Rejected
J/66
See letter to
A. C. Low
14. August '33
to Hon. R. H. Gillette Apr 1. 1834.
Act 7. June '32
F. E. Halpler Feb 10. 1857

State of New Hampshire,
Secretary's Office, Concord,
Oct. 11, 1859.
Sir:
Yours of the 14 th inst. has been recd. In reply I have to inform you that I find the name of Timothy Batchelder, but give on our Revolutionary Rolls. Therewith enclose a certificate of his service. Your Power of Attorney states that he was a resident of the State of New Hampshire. This is a mistake. Newbury- port is in Massachusetts.
I do not find the name of Parley Dister borne upon the Rolls in this office.
My charges for searches depend upon the amount of labor performed ranging from 50 cents to $1.00 in a case without a certificate.
Fifty four cents in P.O. Stamps recd. deducting two to pay postage. Additional Fees $1.00.
Very respectfully,
Yours O.K. (sec. of S.)
John S. Hadley, Sec. of State
J. E. Hassler, Esq., Washington City, D. C.

Revolutionary Parley Dustin N.Y. 1832 Suspended
Cole
filed 6 Feb 1854 P. E. Haskins

Washington City D.C. Feby. 6th 1854
Hon. G. P. Waldo, Commissioner of Pensions
Sir,
I respectfully request a reexamination of the undepended claim of Parly Austin, N.Y. - and call the attention of the Department to careful examination of folld. rolls supposed to be on file in his office, as also to the affidavit of Green Sanders & Samuel Young, & Avery Sanders
I am yours &c F. C. Hassler

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Parley Dustin which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? RE VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Living witnesses XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. † Are the papers authenticated as the regulations direct? No XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
☞ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

St Lawrence County, ss: I, et Alvin C. Low, Clerk of said Court above named, certify that the annexed papers are the same returned from the pension office, and contain the orig- inal proceedings, before the Court of Common Pleas of said County in case of Parley Justin, application for a pension, that though in admeasurement the ends of the top, and not prepared under the seal of this office formally approved. Witness my hand & seal of office this 21. day of May 1833. A. C. Low Clerk.
The department will proceed on further examina- tion that the Justice has exhibited as to the character of witnesses in each case.

In the matter of Parley Dustin, in his declaration and proof to obtain the benefit of the act of congress passed June 7 th 1832.
State of New York Essex County ss: I, Henry Saunders of the town of Peru in the county of Clinton and State aforesaid aged Seventy one years this day being duly sworn deponent and saith he knows and is perfectly well acquainted with Parley Dustin who is now present with him at the time of making this affidavit - That he served with him in the war of the revolu- tion as follows - Parley Dustin enlisted in August in the year of our Lord one thousand Seven hundred and Seventy Eight at Haverhill in the State of New Hampshire in the Captain Ephraim Dades company, Colonel Timothy Bedel's Regiment and General Jacob Bailey's Brigade - That this deponent belonged to the same company - That he knows that the said Parley Dustin continued and served as a private in the said company for nine months at least during all which time this deponent also served in the said company as a private soldier - That immediately after the said Parley Dustin enlisted in the said company, he together with this deponent were employed under direction of the captain and by his command, in a slaughter house, where in Haverhill aforesaid, when they worked together until cold weather commenced - they were both entered the barracks at Haverhill where the Regiment was garrisoned - Not long after Parley Dustin enlisted and this deponent thinks in the month of September or the first of October a party of hostile Indians, called "Canada Indians" consisting

to lay down their arms and place themselves under the protection of the American Government, for condition that they should be supported during the war, or some other period of time. They were accordingly placed under the charge of Col. Timothy Bedel and his regiment, and quarters were erected on Colonel Bedel's farm in Haverhill, to shelter them, - Here they were quartered by Colonel Bedel's Regiment during the whole winter and until after the said Parley Dustin was discharged - part of the time it was the duty of the said Parley to stand guard the Indians and part of the time he was attached with them as a guard to prevent previous from being carried to distant markets and this account further states that he understood that Colonel Timothy Bedel's Regiment formed part of what was called the State Troops of New Hampshire and further that he well knew the said Parley Dustin before he enlisted as above mentioned - That he had not seen him until yesterday for nearly or quite forty years past - That immediately on seeing him immediately recognized him as an ancient friend and Mess Mate, and sat down and talked with him about the events of their youth and their service together in the army as though they had occurred but yesterday.
And this deponent further states that it is extremely would be very inconvenient to him, if not entirely impracticable to attend any court of record in St. Lawrence County where the said Parley Dustin now resides to a distance of about one hundred and twenty miles from this deponent's residence to testify to the facts herein before set forth and further states not.
Personally appeared before Mr. John Fitzgerald Esq. a Justice of the Peace in and
Avery Sanders

for the county of Essex, on this twenty third day of August in the year of our Lord one thousand eight hundred and thirty two. Henry Saunders to me personally known, and before me subscribed one to, and know that the facts contained in the above affidavit are true, and I the said Justice, further certify that the facts stated by the said Henry Saunders in relation to the inconvenience of his attending a court of record in the County to testify to the facts above contained are true in my opinion and belief, and I further certify that the said Saunders is reputed a credible man.
John Fitzgerald
Master of the Court
State of New York Essex county ss
I, James Snow clerk of the county of Essex and of the Court of Common Pleas of said county do hereby certify that John Fitzgerald before whom the foregoing affidavit was taken and sworn to and whose name is subscribed to the above certificate on the day of the date of the same is now a justice of the peace in and for said county duly elected and qualified according to the laws of the state and that the signature to the said certificate is the genuine signature of the said John Fitzgerald.
In testimony whereof I have hereunto set my hand and affixed my seal of office this 28 day of August 1832
James Snow Clerk

  affad. fo. G.  - $1.50    elektro  25-    Lun to allen  25-    Ldung san am  25-         $2.00  

State of New-York St. Lawrence County } ss:
Green Sanders of Lawrence in said County being sworn saith that in the years 1778 & 1779 he resided at Haverhill in the County of Grafton in the State of New Hampshire and was well acquainted with Parley Dustin then of Haverhill, now of Stockholm in said County of St. Law- rence. That he recollects of frequently seeing said Dustin engaged during said years in a Slaughter house in Haverhill near the residence of this deponent, which belonged to Col. Timothy Bedel's Regiment of the New Hampshire Troops raised to guard the frontier, and he always understood and believed that said Parley Dustin was regularly enlisted and served in said Regiment in a Company commanded by Capt. Ezekiel Sada or Capt. David Young. He does not recollect which, for as much as nine or ten months in the years 1778 and 1779.
Subscribed & sworn to this 7th day of Sep- tember 1832 before me Stephen Clark Justice of the Peace
Green Sanders
Said Sanders is considered a man of truth & veracity. 7th Sept 1832. Stephen Clark Just. Peace.

State of New-York St. Lawrence County } ss:
Green Sanders of Lawrence in said County being sworn saith that in the years 1778 & 1779 he resided at Haverhill in the County of Grafton in the State of New Hampshire and was well acquainted with Parley Dustin then of Haverhill, now of Stockholm in said County of St. Law- rence. That he recollects of frequently seeing said Dustin engaged during said years in a Slaughter house in Haverhill near the residence of the deponent, which belonged to Col. Timothy Bedel's Regiment of the New Hampshire Troops raised to guard the frontier, and he always understood and believed that said Parley Dustin was regularly enlisted and served in said Regiment in a Company commanded by Capt. Ezekiel Sada or Capt. David Young. He does not recollect which, for as much as nine or ten months in the years 1778 and 1779.
Green Sanders this 7th day of Sep- tember 1832 before me Stephen Clark Justice of the Peace
Green Sanders
Said Sanders is considered a man of truth & veracity. 7th Sept. 1832. Stephen Clark Just. Peace.

Laid Parley Austin served From August 1778 - nine months -

In the matter of the application for a pension by Sarah Dutton
14581.
1
November 1881